These Terms of Service (“Terms”) govern your access to and use of Services provided by Jaro Media Services, LLC (“JARO”), including our various websites, SMS, APIs, email notifications, applications, buttons, widgets, ads, commerce services (the “JARO Services”), and our other covered services that link to these Terms (collectively, the “Services”), and any information, text, graphics, photos or other materials uploaded, downloaded or appearing on the Services (collectively referred to as “Content”).
By accessing these services, you are agreeing to be bound by these website Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. You may use the Services only if you can form a binding contract with JARO and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. If you are accepting these Terms and using the Services on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so. You may use the Services only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this website are protected by applicable copyright and trade mark law.
Permission is granted to temporarily download one copy of the materials (information or software) on JARO's website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
You are responsible for any mobile charges that you may incur for using our Services, including text-messaging and data charges. If you’re unsure what those charges may be, you should ask your service provider before using the Services.
Special Provisions Applicable to Users Outside the United States
We strive to create a global community with consistent standards for everyone, but we also strive to respect local laws. The following provisions apply to users and non-users who interact with JARO outside the United States:
You are responsible for safeguarding the password that you use to access the Services and for any activities or actions under your password. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower-case letters, numbers and symbols) with your account. JARO cannot and will not be liable for any loss or damage arising from your failure to comply with the above.
Content on the Services
All Content, including links to other content, is the sole responsibility of the person who originated such Content. We may not monitor or control the Content posted via the Services and, we cannot take responsibility for such Content. Any use or reliance on any Content or materials posted via the Services or obtained by you through the Services is at your own risk.
We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Services or endorse any opinions expressed via the Services. You understand that by using the Services, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. Under no circumstances will JARO be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Services or broadcast elsewhere.
You may choose to become a member of one of our services on a monthly basis. You can find specific details regarding your membership by visiting our relevant site and clicking on the "Manage Account" or "Account" link.
You may choose to become a member of one of our services on an annual basis. You can find specific details regarding your membership by visiting our relevant site and clicking on the "Manage Account" or "Account" link.
We may offer a number of membership plans (e.g. one-month memberships), as indicated on the product detail pages. Some promotional memberships are offered by third parties. We are not responsible for the products and services provided by such third parties. You can find specific details regarding your membership by visiting our relevant site and clicking on the "Manage Account" or "Account" link.
Promotional Trial Periods
We sometimes offer certain customers various free trial periods. We reserve the right, in our absolute discretion, to determine your free trial eligibility. We will begin billing you for the monthly membership fees at the end of the free trial period unless you cancel prior to the end of the free trial period. You will not receive a notice from us that your free trial period has ended or that the paying portion of your membership has begun.
You must have internet access and provide us with a current, valid, acceptable method of payment (as such may be updated from time to time) ("Payment Method") to use our service. You may edit your Payment Method information by visiting our relevant site and clicking on the "Manage Account" or "Account" link.
Sometimes we offer monthly memberships. By starting your JARO membership and providing or designating a Payment Method, you authorize us to charge you a monthly membership fee at the then current rate, and any other charges you may incur in connection with your use of our service. We will bill the monthly membership fee to your Payment Method. You must cancel your membership before it renews each month in order to avoid billing of the next month’s membership fees.
Sometimes we offer memberships of different lengths. By starting your JARO membership and providing or designating a Payment Method, you authorize us to charge you the membership fee at the beginning of every cycle at the then current rate, and any other charges you may incur in connection with your use of our service. You must cancel your membership before it renews to avoid billing of the next cycle's membership fees.
Sometimes we offer annual memberships. By starting your JARO membership and providing or designating a Payment Method, you authorize us to charge you the annual membership fee. The annual membership will auto-renew annually unless you cancel your membership before it renews for the next year. You must cancel your membership before it renews in order to avoid billing of the next year's membership fee. Taxes. You are responsible for any taxes imposed on any payments made to JARO in connection with your membership. Such taxes may include, without limitation, sales tax, use tax and any other applicable taxes, which may be based on various factors, including, but not limited to, the bill-to address and tax rates in effect at the time payment of your membership fee is completed. Users are not eligible for tax exemptions payments made to JARO in connection with your membership.
The membership fee will be billed according to the membership option you choose. Visit your "Manage Account" or "Account" section of our relevant site to see the commencement date for your next renewal period. For monthly memberships, we automatically bill your Payment Method each month on the calendar day corresponding to the commencement of your paying membership. In the event your paying membership began on a day not contained in a given month, we bill your Payment Method on the last day of such month. For example, if you became a paying member on January 31st, your next payment date is February 28th and your Payment Method would be billed on that date. You acknowledge that the amount billed each month may vary from month to month for reasons that may include differing amounts due to promotional offers, and you authorize us to charge your Payment Method for such varying amounts. For certain Payment Methods, the issuer of your Payment Method may charge you a foreign transaction fee or related charges. Check with your bank and credit card issuers for details. If the credit card we have on file for you is declined for payment of your membership fee, your membership will be canceled unless you provide us with a new card and are successfully charged before the next billing cycle. In such event, your new membership period will be based on the original renewal date and not the date of the successful charge. Membership charges are fully earned upon payment.
Payments for your monthly membership are nonrefundable and there are no refunds or credits for partially used periods. Following any cancellation, however, you will continue to have access to the service through the end of your current billing period. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our members ("credits"). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance.
Annual memberships are non-refundable and there are no refunds or credits for partially used periods. Following any cancellation, however, you will continue to have access to the service through the end of your current billing period. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our members ("credits"). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance.
Other types of memberships are also non-refundable and there are no refunds or credits for partially used periods. Following any cancellation, however, you will continue to have access to the service through the end of your current billing period. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our members ("credits"). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance.
You may cancel your JARO membership at any time, and you will continue to have access to the JARO service through the end of your billing period.
You may cancel your JARO membership at any time, and you will continue to have access to the JARO service through the end of your billing period.
You may cancel your JARO membership at any time, and you will continue to have access to the JARO service through the end of your billing period. You can find instructions regarding canceling your membership by visiting our relevant website and clicking on the "Manage Account" or "Account" link.
Termination By Us
We may terminate your membership(s) at our discretion without notice. For Annual Members that paid the full annual fee, if we terminate your membership, we will give you a prorated refund based on the number of full months remaining in your membership. However, we will not give any refund for termination related to conduct that we determine, in our discretion, violates these Terms or any applicable law, involves fraud or misuse of your membership, or is harmful to our interests or another user. Our failure to insist upon or enforce your strict compliance with these Terms will not constitute a waiver of any of our rights.
You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. JARO does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use our sites and services only with the involvement of a parent or guardian. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion. The account owner's control is exercised through use of the account owner's password and therefore to maintain exclusive control, the account owner should not reveal the password to anyone. By sharing your password, the account owner agrees to be responsible for assuring that household members comply with these Terms and such account owner shall be responsible for the actions of the household members. In order to provide you with ease of access to your account and to help administer our sites and services, JARO implements technology that enables us to recognize you as the account holder and provide you with direct access to your account without requiring you to retype any password or other user identification when you revisit the service. You are responsible for updating and maintaining the truth and accuracy of the information you provide to us relating to your account. You are also responsible for maintaining the confidentiality of your account and password and for restricting access to your JARO ready device. If you disclose your password to anyone or share your account and/or devices with other people, you take full responsibility for their actions. Where possible, users of public or shared devices should log out at the completion of each visit. If you sell or return a device, you should logout and/or deactivate the device before doing so. If you fail to log out of your device, subsequent users may access the service through your account and may be able to access certain of your account information. If you find that you're a victim of identity theft and it involves your account, you should notify Customer Service and report this instance to all your card issuers, as well as your local law enforcement agency. Also, you should be mindful of any communication requesting that you submit credit card or other account information. Providing your information in response to these types of communications can result in identity theft. We reserve the right to place any account on hold anytime with or without notification to the member in order to protect itself and its partners from what it believes to be fraudulent activity. JARO is not obligated to credit or discount a membership for holds placed on the account by either a representative of JARO or by the automated processes of JARO.
The materials on JARO's website are provided "as is". JARO makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, JARO does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet website or otherwise relating to such materials or on any sites linked to this site.
Revisions and Errata
The materials appearing on JARO's website could include technical, typographical, or photographic errors. JARO does not warrant that any of the materials on its website are accurate, complete, or current. JARO may make changes to the materials contained on its website at any time without notice. JARO does not, however, make any commitment to update the materials.
JARO honors the requirements set forth in the Digital Millennium Copyright Act. We therefore take reasonable steps to expeditiously remove from our Services any infringing material that we become aware of. And if JARO becomes aware that one of its users has repeatedly infringed copyrights, we will take reasonable steps within our power to terminate the user’s account.
We make it easy for you to report suspected copyright infringement. If you believe that anything on the Services infringes a copyright that you own or control, file a notice with our designated Copyright Agent at firstname.lastname@example.org
If you file a notice with our Copyright Agent, it must comply with the requirements set forth at 17 U.S.C. § 512(c)(3). That means the notice must:
You agree to indemnify, defend, and hold harmless JARO, our managing members, shareholders, employees, affiliates, licensors, and suppliers from and against any and all complaints, charges, claims, damages, losses, costs, liabilities, and expenses (including attorneys’ fees) due to, arising out of, or relating in any way to: (a) your access to or use of the Services; (b) your content; and (c) your breach of these Terms. If you are agreeing to these Terms on behalf of a business or other entity, this indemnity obligation applies to that business or other entity.
Limitation of Liability
We reserve the right to accept or refuse access to our sites at our discretion.
THE SERVICES AND ALL CONTENT AND SOFTWARE ASSOCIATED THEREWITH, OR ANY OTHER FEATURES OR FUNCTIONALITIES ASSOCIATED WITH THE SERVICES, ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. JARO DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SERVICES, IF APPLICABLE, WILL BE UNINTERRUPTED OR ERROR-FREE. JARO SPECIFICALLY DISCLAIMS LIABILITY FOR THE USE OF APPLICATIONS, JARO READY DEVICES, AND JARO SOFTWARE (INCLUDING THEIR CONTINUING COMPATIBILITY WITH OUR SERVICE).
TO THE MAXIMUM EXTENT PERMITTED BY LAW, JARO AND OUR MANAGING MEMBERS, SHAREHOLDERS, EMPLOYEES, AFFILIATES, LICENSORS, AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (B) THE CONDUCT OR CONTENT OF OTHER USERS OR THIRD PARTIES ON THE SERVICES; OR (C) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR CONTENT OR POSTS, EVEN IF JARO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL JARO’S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES EXCEED THE GREATER OF $100 USD OR THE AMOUNT YOU PAID JARO, IF ANY, IN THE LAST 12 MONTHS.
THESE EXCLUSIONS AND LIMITATIONS OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU
We attempt to be as accurate as possible in the descriptions of our products and Services. However, we do not warrant that product or service descriptions, or other content of this site are accurate, complete, reliable, current, or error-free. If you believe a productoffered by us is not as described, your sole remedy is to return the product in unused condition.However, we do not offer refunds on services once selected but will consider the circumstances on a case-by-case basis.
Applicability of Arbitration Agreement
PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY REQUIRE YOU TO ARBITRATE DISPUTES WITH JARO, AND LIMIT THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.
All claims and disputes arising out of, relating to, or in connection with the Terms or the use the Services that cannot be resolved informally or in small claims court will be resolved by binding arbitration on an individual basis, except that you and JARO are not required to arbitrate any dispute in which either party seeks equitable relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents.
The Federal Arbitration Act governs the interpretation and enforcement of this dispute-resolution provision. Arbitration will be initiated through the American Arbitration Association (“AAA”). If the AAA is not available to arbitrate, the parties will select an alternative arbitral forum. The rules of the arbitral forum will govern all aspects of this arbitration, except to the extent those rules conflict with these Terms. The AAA Consumer Arbitration Rules governing the arbitration are available online at www.adr.org or by calling the AAA at 1-800-778-7879. The arbitration will be conducted by a single, neutral arbitrator. Any claims or disputes where the total amount of the award sought is less than $10,000 USD may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount of the award sought is $10,000 USD or more, the right to a hearing will be determined by the arbitral forum’s rules. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
Additional Rules for Non-appearance Arbitration
If non-appearance arbitration is elected, the arbitration will be conducted by telephone, online, written submissions, or any combination of the three; the specific manner will be chosen by the party initiating the arbitration. The arbitration will not involve any personal appearance by the parties or witnesses unless the parties mutually agree otherwise.
Authority of the Arbitrator
The arbitrator will decide the jurisdiction of the arbitrator and the rights and liabilities, if any, of you and JARO. The dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator will have the authority to grant motions dispositive of all or part of any claim or dispute. The arbitrator will have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and the Terms. The arbitrator will issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and JARO.
Waiver of Jury Trial
YOU AND JARO WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and JARO are instead electing to have all claims and disputes resolved by arbitration. Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in court and are subject to very limited review by a court. If any litigation should arise between you and JARO over whether to vacate or enforce an arbitration award or otherwise, YOU AND JARO WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.
Waiver of Class or Consolidated Actions
ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If, however, this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor we are entitled to arbitration and instead all claims and disputes will be resolved in a court as set forth in Section 18.
No part of the procedures will be open to the public or the media. All evidence discovered or submitted at the hearing is confidential and may not be disclosed, except by written agreement of the parties, pursuant to court order, or unless required by law. Notwithstanding the foregoing, no party will be prevented from submitting to a court of law any information needed to enforce this arbitration agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.
Right to Waive
Any rights and limitations set forth in this arbitration agreement may be waived by the party against whom the claim is asserted. Such waiver will not waive or affect any other portion of this arbitration agreement.
Small Claims Court
Notwithstanding the foregoing, either you or JARO may bring an individual action in small claims court.
Arbitration Agreement Survival
This arbitration agreement will survive the termination of your relationship with JARO.
Forum and Venue
To the extent the parties are permitted under these Terms to initiate litigation in a court, both you and JARO agree that all claims and disputes in connection with the Terms or the use of the Services will be litigated exclusively in the United States District Court of Delaware. If, however, that court would lack original jurisdiction over the litigation, then all claims and disputes in connection with the Terms or the use of the Services must be litigated exclusively in the Delaware Superior Court, City of Wilmington DE. You and JARO consent to the personal jurisdiction of both courts.
Compensation for Artistic Content
The information as set forth below of this COMPENSATION FOR ARTISTIC CONTENT document (“Compensation”) is intended to be exemplary of the method that may be used by JARO Media Services, LLC (“JARO”) to provide compensation to an ARTIST who uploads Artistic Content, in the form of copies of Art Works (i.e. paintings, photographs, graphics, drawings, sculptures, prints, etc.), to the JARO Platform according to the terms and conditions of the JARO TERMS OF SERIVCE (TOS). The information below is simply exemplary and does not constitute an agreement, nor the formation of a contract, between JARO and the Artist. The following should be used for informational purposes only.
JARO in exchange for Artistic Content, in the form of copies of Art Works (i.e. paintings, photographs, graphics, drawings, sculptures, prints, etc.), submitted by the ARTIST according to the JARO TOS, may compensate the ARTIST for the use of the Artistic Content by JARO as permitted by the TOS according to the following:
JARO, in its sole discretion, may pay the ARTIST Quarterly Royalty Payments for each Art Work of said Artistic Content submitted by the ARTIST calculated as a percentage of the Art Streaming Advertising and Subscription Revenue Pool. JARO in its sole discretion will determine the amount of the Art Streaming Advertising and Subscription Revenue Pool in each quarter. Display advertising revenues shall not be included in the Quarterly Royalty Payment calculations.
Choice of Law
The laws of the State of Delaware, other than its conflict-of-laws principles, will govern all disputes between you and JARO, but only to the extent they are not preempted by the Federal Arbitration Act.
Our Address – email Address – Phone Number
Jaro Media Services, LLC,
8 The Green, Suite A
Dover, Delaware 19901